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A few basic legal facts that I think need to be stated:
1. You CANNOT sue or take any kind of action in court unless you are the affected party.
Mean that they only person(s) who can sue for defamation (or anything else) is the person who was defamed.
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1. You CANNOT sue or take any kind of action in court unless you are the affected party.
Mean that they only person(s) who can sue for defamation (or anything else) is the person who was defamed.
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Even if you have a representative (such as a lawyer or management comp) they can only act if you give them permission.
The only exceptions to this are if you are declared incompetent or if there are provisions that allow for parents to take action on behalf of minor children.
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The only exceptions to this are if you are declared incompetent or if there are provisions that allow for parents to take action on behalf of minor children.
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2. The laws in every country are different and just because you can do something in one country doesn't mean that you can in another.
For example, the defamation laws in SK are very strong and even if you are telling the truth you could still face consequences.
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For example, the defamation laws in SK are very strong and even if you are telling the truth you could still face consequences.
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This is very different than the US where in many cases, unless you can actually prove that the person knowingly lied, you will not win your defamation suit.
And most countries laws are very behind the times and don't take into consideration online interactions.
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And most countries laws are very behind the times and don't take into consideration online interactions.
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2. (b)
Gathering evidence is another area in which bringing a lawsuit against someone who made statements online can be very difficult.
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Gathering evidence is another area in which bringing a lawsuit against someone who made statements online can be very difficult.
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Using the US as an example again, there are instances where the government has been denied access to the records of service providers needed to identify someone online.
Tech companies have been fairly consistent in resisting attempts to gain access to their data.
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Tech companies have been fairly consistent in resisting attempts to gain access to their data.
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If it is difficult for the police to get access, it is even more difficult for a company or person in another country to get access.
However, without this data it is often impossible to ID the sender and anyone who wants to sue needs to know who they are before they can start. +
However, without this data it is often impossible to ID the sender and anyone who wants to sue needs to know who they are before they can start. +
3. If someone does decide to start legal proceedings, they are generally either not allowed to discuss it or asked not to by their lawyer.
Discussing a legal case publically before it is completed could make it harder to win the case.
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Discussing a legal case publically before it is completed could make it harder to win the case.
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4. Not all bad messages/tweets etc break laws.
To prove defamation you generally need to show that the statement(s) caused harm to either a person's reputation or to their finances.
If you cannot prove harm, then you have no case.
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To prove defamation you generally need to show that the statement(s) caused harm to either a person's reputation or to their finances.
If you cannot prove harm, then you have no case.
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Please note, these are all general tips/bits of information.
The law can be very complicated and every case depends on the exact facts and circumstances present.
There are often thousands of factors to be considered when going forward with any kind of legal proceeding.
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The law can be very complicated and every case depends on the exact facts and circumstances present.
There are often thousands of factors to be considered when going forward with any kind of legal proceeding.
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To add to this bc I saw a cmnt elsewhere, there's no way to 100% guarantee that the person suffering the defamation won't have to testify.
There are steps to make it less likely (such as signed affidavits or by gathering your evidence in specific ways) but nothing is guaranteed.
There are steps to make it less likely (such as signed affidavits or by gathering your evidence in specific ways) but nothing is guaranteed.
